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Trademarks

Improving the Trademark Registration Process through the Use of Private Actors

Irina D. Manta is an Assistant Professor at the Case Western Reserve University School of Law. It is a common misconception in the United States that while applications for patent registration suffer delays, problems with the much simpler process of trademark registration are few and far between. As a result, scholars and practitioners have started […]

Putting your eggs in one basket

Brian Chau is a JD Candidate at Osgoode Hall Kobe Bryant, Tiger Woods, Martha Stewart – all mighty brand names, with all too-famous stumbles. Personal branding is a powerful tool – our minds subconsciously create the association, and without knowing, we suddenly consider Accenture as a lean, mean consulting machine. However, what happens when the […]

Location can eat away at the rights of an existing trade-mark

Virgil Cojocaru is a JD candidate at Osgoode Hall Law School. The South African Supreme Court of Appeal ruled on Century City Apartments Property Services CC and the Registrar of Companies and Close Corporations v Century City Property Owners Association. A helpful article on the case can be found at the Adams & Adams website. […]

eBay found liable for the sale of luxury goods on its site despite court injunction

George Nathanael is a JD candidate at Osgoode Hall Law School. Last week a French court ordered eBay to pay €1.7M in damages to LVMH Möet Hennessy Louis Vuitton, a holding company of a number of luxury goods brands, for failing to comply with an injunction set as part of an earlier ruling. The injunction, […]

From 中文.cn to 中文。中国: The Introduction of Internationalized Top-Level-Domains

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. Many thanks to Bijan Soleymani, a M. Eng Candidate at McGill University. [Note: This article includes non-Latin characters (such as Chinese language characters). The ability to view such text will depend on your internet browser settings.] IDNs vs Internationalized TLDS = fully vs partly […]

The Yes Men: Clever Parody or Fraudulent Opportunism?

Stuart Freen is a JD candidate at Osgoode Hall Law School. The United States Chamber of Commerce (USCOC) recently filed a lawsuit against a group of self-proclaimed prankster activists known as the Yes Men. A few weeks ago the Yes Men staged a fake news conference where they posed as USCOC representatives and announced that they […]

IP Osgoode Speaks: Graeme Dinwoodie “A Comparative Analysis of Liability for Keyword Advertising”

Nathan Fan is a JD candidate at Osgoode Hall Law School. This past Thursday, IP Osgoode hosted Professor Graeme Dinwoodie, Oxford Professor and Director of the Oxford Intellectual Property Research Centre, who gave a lecture on recent developments in keyword advertising cases. Titled “A Comparative Analysis of Liability for Keyword Advertising”, his lecture focused on […]

That’s Hot: Hallmark Cards unable to slap Paris Hilton with Anti-SLAPP legislation

Nathan Fan is a JD candidate at Osgoode Hall Law School. America’s favourite hotel heiress Paris Hilton can now proceed with her litigation against Hallmark Cards over the unauthorized use of her picture and catchphrase “That’s hot”, according to a recent decision by the U.S. Court of Appeals for the Ninth Circuit.  Paris Hilton, who […]

US COURT: ISPs not just tubes

Brandon Evenson is a JD candidate at Osgoode Hall Law School. A recent case in the US has sent a clear message to US Internet Service Providers (ISPs) that they can be liable for secondary trade-mark infringement.  All that is required is that the ISP knows or ought to have known that their customers were […]

EU Advocate General: Google’s AdWords system does not violate trademarks

Nathan Fan is a JD candidate at Osgoode Hall Law School. Luís Miguel Poiares Maduro, the Advocate General of the European Court of Justice (ECJ), concluded in a recent recommendation to the ECJ that Google’s AdWords system does not violate trademarks when it allows advertisers to select trademarks as keyword triggers for its advertisement service.